Court No. - 34
Case :- WRIT - A No. - 46920 of 2004 Petitioner :- Rama Shankar Yadav And Others. Respondent :- State Of U.P. & Others Counsel for Petitioner :- A.N. Tripathi Counsel for Respondent :- C.S.C.,K.N. Mishra
Hon'ble Sudhir Agarwal,J.
1. Called in revise. None appeared on behalf of petitioners.
2. By means of the present writ petition, petitioners have sought the following reliefs:
“(i) a writ, order or direction in the nature of certiorari quashing the impugned order/letter dated 28.10.2003 and 16.10.2004 issued by Member Secretary/District Assistant Registrar, Co-operative Societies, U.P. Mau (Annexure-3 and 4 respectively to the writ petition).
(ii) a suitable writ, order or direction in the nature of declaration declaring the Uttar Pradesh Primary Agricultural Credit Co-operative Societies Centralised Service (Eleventh Amendment) Rule, 2003 dated 4.6.2003 and the Uttar Pradesh Primary Agricultural Credit Co-operative Societies Centralised Service (Twelfth Amendment) Rules, 2004 dated 30.6.2004 amending the Uttar Pradesh Primary Agricultural Credit Co- operative Societies Centralised Service Rules, 1976 ultra vires articles 14, 16 and 21 of the Constitution of India, as well as the Uttar Pradesh Co-operative Societies Act, 1965 read with Uttar Pradesh Primary Agricultural Credit Co-operative Societies Service Rules, 1976 and the Uttar Pradesh Primary Agricultural Credit Co-operative Service Regulations, 1978.
(iii) a suitable writ, order or direction in the nature of mandamus commanding the respondents to forthwith release salary of the petitioners from November, 2002 onward till date and continue paying to the petitioners the valid cash receipt book for realising loans and the cheque book with seal 'good for payment' form the District Co-operative Bank Ltd. Mau for realising loans from the Members of the Co-operative Society and for the distribution of seeds, fertilizers etc. amongst the members of the respective societies and not to interfere with the power and functioning of the petitioner as Cadre Secretaries of their respective Primary Agricultural Co-operative Credit Societies in any manner whatsoever and permit the petitioners to function in the same manner as prior to the date of enforcement of (Eleventh Amendment) and (Twelfth Amendment).
(iv) a suitable writ, order or direction in the nature of prohibition not to take any coercive method against petitioners as threatened in letter dated 28.10.2003 and 16.10.2004.”
3. However, I have gone through the pleadings, grounds as also reliefs sought and find that petitioners are not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
4. Moreover, it appears that either the cause of action no more survives or that petitioners have lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for petitioners is absent.
5. Dismissed. Interim order, if any, stands vacated.
Order Date :- 21.12.2018 AK